Amaya v. Buildsmart LLC
- Lorna Schofield
- 1:21-cv-06378
- U.S. District Court · Southern District of New York
- 2
In Amaya v. Buildsmart LLC, Magistrate Judge Sarah L. Cave granted plaintiffs’ extension and set deadlines for written damages submissions and responses.
The plaintiffs and defendants in the case, because the order sets deadlines for damages submissions, responses, hearing requests, and service of the order.
What happened
In Amaya v. Buildsmart LLC, the matter had been referred to Magistrate Judge Sarah L. Cave to conduct an inquiry into the plaintiffs’ damages and issue a report and recommendation. The plaintiffs asked for more time to submit their materials.
The court granted the extension. Plaintiffs must submit proposed findings of fact and legal conclusions about damages, supported by affidavits or other evidence, by May 3, 2022. Defendants may respond by May 17, 2022, and must contact the court by that date to request an in-court hearing if they want one.
Judge Sarah L. Cave ordered that, if defendants do not respond or request a hearing, she intends to recommend damages based only on the plaintiffs’ written submissions. She also directed plaintiffs to serve the order on defendants and file proof of service by May 3, 2022, and directed the clerk to close the plaintiffs’ extension request.
The detailed version
- Amaya v. Buildsmart LLC · No. 1:21-cv-06378
- Lorna Schofield
- Apr. 19, 2022
Background
The case was referred to United States Magistrate Judge Sarah L. Cave to conduct an inquest—an inquiry by the court—and to prepare a report and recommendation concerning the plaintiffs’ damages. The opinion does not decide the amount of damages.
Order
The plaintiffs requested an extension, and the court granted that request. The amended schedule requires the plaintiffs to submit proposed findings of fact and conclusions of law concerning damages by May 3, 2022. The plaintiffs must support factual assertions with affidavits or other evidence.
Defendants may submit a response by May 17, 2022. If defendants do not respond or do not contact Judge Cave’s chambers by May 17, 2022 to request an in-court hearing, Judge Cave stated that she intends to issue a report and recommendation concerning damages based only on the plaintiffs’ written submissions, without an in-court hearing.
Additional Directions and Disposition
Judge Cave directed the plaintiffs to promptly serve the order on defendants and file proof of service by May 3, 2022. The clerk was directed to close ECF No. 51, which was the plaintiffs’ extension request. This opinion is an amended scheduling order concerning the damages inquiry, not a final ruling on the damages amount.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.